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Masterpiece Inc. v. Alavida Lifestyles Inc. [2011] 2 S.C.R. 387, [2] is a Supreme Court of Canada decision concerning the relevant criteria and basic approach to be undertaken by the Court in analyzing the likelihood of confusion in Canadian trademark law under the Trade-marks Act, 1985 [3] The test adopted by the Supreme Court of Canada is whether, as a matter of first impression, the "casual ...
Direct evidence of actual copying by a defendant rarely exists, so plaintiffs must often resort to indirectly proving copying. [1] [page needed] Typically, this is done by first showing that the defendant had access to the plaintiff's work and that the degree of similarity between the two works is so striking or substantial that the similarity could only have been caused by copying, and not ...
Case history; Prior: Cert. to the Supreme Court of California Holding; The failure to grant this indigent petitioner seeking initial review of his conviction the services of an advocate, as contrasted with an amicus curiae, which would have been available to an appellant with financial means, violated petitioner's rights to fair procedure and equality under the Fourteenth Amendment.
Because of the autobiographical nature of Dave Eggers' memoir, A Heartbreaking Work of Staggering Genius, the book features the following play on the usual disclaimer: "Any resemblance to persons living or dead should be plainly apparent to them and those who know them, especially if the author has been kind enough to have provided their real ...
Jackson v. Indiana, 406 U.S. 715 (1972), was a landmark decision of the United States Supreme Court that determined a U.S. state violated due process by involuntarily committing a criminal defendant for an indefinite period of time solely on the basis of his permanent incompetency to stand trial on the charges filed against him.
Commissioner v. Duberstein, 363 U.S. 278 (1960), was a United States Supreme Court case from 1960 dealing with the exclusion of "the value of property acquired by gift" from the gross income of an income taxpayer. [1] It is notable (and thus appears frequently in law school casebooks) for the following holdings:
Reese Witherspoon doesn't need backups, because she just cast the perfect actress to play young Elle Woods.. This week, the Legally Blonde actress announced Lexi Minetree as the lead in the new ...
The case drew an unusual amount of interest because the petitioner was Playboy Playmate and celebrity Anna Nicole Smith (whose legal name was Vickie Lynn Marshall). Smith won the case, but unsolved issues regarding her inheritance eventually led to another Supreme Court case, Stern v. Marshall. She died before that case was decided.